Morgan Stanley High Yield Securities Inc v. Jecklin

Filing 461

ORDER Granting 460 Stipulation for Extension of Time re: Discovery Deadlines (Second Request). See Order for deadlines. Signed by Judge Richard F. Boulware, II on 1/22/2018. (Copies have been distributed pursuant to the NEF - MR)

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JEFFREY A. SILVESTRI, ESQ.
Nevada Bar No. 5779
CRAIG A. NEWBY, ESQ.
Nevada bar No. 8591
McDONALD CARANO WILSON LLP
2300 West Sahara Avenue, Suite 1000
Las Vegas, Nevada 89102
Telephone: [phone]
Facsimile: [phone]
[e-mail]
STEVEN J. ENGELMYER, ESQ.
ERIC J. SCHREINER, ESQ.
KLEINBARD LLC
One Liberty Place, 46th Floor
1650 Market Street
Philadelphia, PA 19103
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant John Tipton

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MORGAN STANLEY HIGH YIELD
SECURITIES INC., et al.,
Plaintiffs,

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Case No.: 2:05-cv-01364-RFB-PAL
STIPULATION AND [PROPOSED]
ORDER SCHEDULING TRIAL AND
PRETRIAL CONFERENCE AND
SETTING DEADLINES TO FILE
JOINT PRE-TRIAL ORDER,
MOTIONS IN LIMINE AND OTHER
PRE-TRIAL SUBMISSIONS

v.
HANS JECKLIN, et al.,
Defendants.

(SECOND REQUEST)

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WHEREAS, pursuant to the Minutes of Proceedings of the October 26, 2017 Status

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Conference [ECF No. 455], jury trial in this matter has been set for March 5, 2018 and the pretrial

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conference has been set for February 16, 2018 at 10:00 a.m.;
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WHEREAS, pursuant to the Court’s Order dated December 12, 2017 [ECF No. 457], the

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deadline for filing a Proposed Joint Pretrial Order is January 19, 2018, the deadline for filing exhibit

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lists and witness lists is January 19, 2018, the deadline for filing motions in limine is January 26,

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2018, and the deadline for filing responses to motions in limine is February 9, 2018;

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WHEREAS, the parties are unaware of any current deadline for the filing of proposed

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Findings of Fact and Conclusions of Law, Trial Briefs, proposed voir dire questions, agreed upon

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jury instructions, verdict forms, and special jury interrogatories as provided for in the Court’s

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Chamber Practices and Order Regarding Trial;

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WHEREAS, pursuant to the Court’s Order dated January 9, 2018 [ECF No. 459], the Court

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granted Defendant John Tipton’s Motion to Continue Calendar Call and Trial Date [ECF No. 449]

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and ordered: “The parties are directed to submit a joint stipulation with dates for trial in the months

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of April or May 2018; the parties should include the pretrial deadlines in their order for this Court’s

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consideration due by two weeks.”;

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WHEREAS, the parties have met and conferred regarding the various filing deadlines and

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the proposed trial date, and are filing now file this joint stipulation in compliance with the Court’s

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January 9, 2018 Order [ECF No. 459].

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Based on the forgoing, Plaintiffs Morgan Stanley High Yield Securities Inc., Morgan

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Stanley Dean Witter High Income Advantage Trust, Morgan Stanley Dean Witter High Income

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Advantage Trust II, Morgan Stanley Dean Witter High Income Advantage Trust III; Morgan

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Stanley Variable Investment Series; Morgan Stanley Diversified Income Trust and Morgan Stanley

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Select Dimensions Investment Series, by and through their counsel of record, the law firms of

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Kolesar & Leatham, Chtd. and Mayer Brown LLP, Defendants Hans Jecklin, Christiane Jecklin,

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Swiss Leisure Group AG and JPC Holding AG, by and through their counsel of record, the law

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firm of Peterson Baker, PLLC, Defendant George Haeberling, by and through his counsel of record,

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the law firm of Dickinson Wright, PLLC, and Defendant John Tipton, by and through his counsel

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of record, the law firms of McDonald Carano LLP and Kleinbard LLC, hereby stipulate and agree,

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subject to the Court's approval, as follows:

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2018 to February 12, 2018.

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2.

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The pretrial conference in this matter is rescheduled from February 16, 2018 at 10:00

a.m. to April 5, 2018 at 10:00 a.m. in LV Courtroom 7D.

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The deadline to file any responses to any motion in limine is extended from February

9, 2018 to March 6, 2018.

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The deadline to file any motion in limine is extended from January 26, 2018 to

February 20, 2018.

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The deadline to submit exhibit lists and witness lists is extended from January 19,

2018 to February 12, 2018.

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The deadline to file the Proposed Joint Pretrial Order is extended from January 19,

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The deadline for the parties to file Proposed Findings of Fact and Conclusions of

Law is April 23, 2018;

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7.

The deadline for the parties to file Trial Briefs is April 23, 2018;

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8.

In the event that all parties to this action do not consent to withdraw the jury demand

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made in this case on or before February 5, 2018, the deadline for the parties to file their proposed

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voir dire questions, jury instructions, verdict forms, and special jury interrogatories is April 23,

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2018.

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9.

Jury trial in this matter is set for April 30, 2018 at 9:30 a.m. in LV Courtroom 7D.

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10.

This is the second request for extension of time for the parties to file the Proposed

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Joint Pretrial Order, the submission of exhibit and witness lists, and the deadlines to file any motion

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in limine.
DATED this 16th day of January, 2018.

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KOLESAR & LEATHAM, CHTD.

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By:__/s/ John M. Conlon_______________
ALAN J. LEFEBVRE, ESQ.
Nevada Bar No. 0848
[e-mail]
400 South Rampart Blvd., Suite 400
Las Vegas, NV 89145
Telephone: [phone]
Facsimile: 702.362.9472

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Attorney for Plaintiffs

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By:_ /s/ Tamara Beatty Peterson _____
TAMARA BEATTY PETERSON, ESQ.
Nevada Bar No. 5218
[e-mail]
BENJAMIN K. REITZ, ESQ.
Nevada Bar No. 13233
[e-mail]
10001 Park Run Drive
Las Vegas, NV 89145
Telephone: [phone]
Facsimile: 702.786.1002

JEAN-MARIE L. ATAMIAN, ESQ.
Admitted Pro Hac Vice
[e-mail]
JOHN M. CONLON, ESQ.
Admitted Pro Hac Vice
[e-mail]
JASON I. KIRSCHNER, ESQ.
Admitted Pro Hac Vice
[e-mail]
MAYER BROWN LLP
1221 Avenue of the Americas
New York, New York 10020
Telephone: [phone]
Facsimile: 212.262.1910

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PETERSON BAKER, PLLC

DICKINSON WRIGHT, PLLC
By:_/s/ Eric D. Hone_____________
ERIC D. HONE, ESQ.
Nevada Bar No. 8499
[e-mail]
JOEL Z. SCHWARZ, ESQ.
Nevada Bar No. 8499
[e-mail]
GABRIEL A. BLUMBERG, ESQ.
Nevada Bar No. 12332
[e-mail]
8363 West Sunset Road, Suite 200
Las Vegas NV 89113
Telephone: [phone]
Facsimile: 702.382.1661

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Attorneys for Defendants Hans Jecklin,
Christiane Jecklin, Swiss Leisure Group
AG, and JPC Holding AG

MCDONALD CARANO LLP
By:_/s/ Eric J. Schreiner__________
JEFFREY A. SILVESTRI, ESQ.
Nevada Bar No. 5779
[e-mail]
CRAIG A. NEWBY, ESQ.
Nevada Bar No. 8591
[e-mail]
2300 W. Sahara Avenue, Suite 1200
Las Vegas, NV 89102
Telephone: [phone]
Facsimile: 702.873.9966

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________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

STEVEN ENGELMYER, ESQ.
Admitted Pro Hac Vice
[e-mail]
ERIC J. SCHREINER, ESQ.
Admitted Pro Hac Vice
[e-mail]
KLEINBARD LLC
One Liberty Place, 46th Floor
1650 Market Street
Philadelphia, PA 19103
Telephone: [phone]
Facsimile: 215.568.0140

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DATED: January 22, 2018.

Attorneys for Defendant John Tipton

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Attorneys for Defendant George
Haeberling

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IT IS SO ORDERED.

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